Moore v. Pier 1 Imports, Incorporated

Posted: 10/26/2011  browse the case archive

On October 26, 2011, the Alameda County Superior Court entered a Consent Judgment in Moore v. Pier 1 Imports, Inc., which resolved citizen enforcer John Moore's allegations that the defendant, Pier 1 Imports, Inc. ("Pier 1"), sold vinyl coated tape measures that exposed users to the heavy metal lead and travel bags with zipper pulls which exposed users to the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Pier 1 agreed not to sell any vinyl coated tape measures or zipper pulls in California after August 15, 2011, unless the tape measures and zipper pulls meet the reformulation standards set forth in the Consent Judgment. Due to Pier 1's commitment to comply with these heightened standards, Moore agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $43,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Moore and his counsel for their successful enforcement of this matter in the public interest.

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